IRS NOTICE REFERENCE

Understanding Your Letter 5938

We sent you this letter because we have no record that you filed your Form 1040 income tax return.

General information only. Not legal or tax advice.

Notice details

Notice code
Letter 5938
Category
Filing and non-filer
Severity tier
Tier 2 — Action or response expected. The IRS has taken or proposed an action and expects a response or payment.
Governing law
§6651; §6012 (Internal Revenue Code sections)
Source
IRS.gov — Understanding Your IRS Notice

What this notice is

We sent you this letter because we have no record that you filed your Form 1040 income tax return.

Source: IRS.gov. Reproduced for reference. General information — not legal or tax advice.

What the IRS says to do

File your Form 1040 income tax return immediately or explain to us why you don't need to file.

This is the IRS’s own guidance reproduced from the IRS notice page. It describes the IRS’s process — it is not legal or tax advice from TaxRiskOS.

Governing IRS procedure (Internal Revenue Manual)

The IRS’s own internal procedures for handling this notice type are documented in the Internal Revenue Manual:

Reference to published IRS procedure. General information — not legal or tax advice.

Official IRS reference

Read the official notice page on IRS.gov: https://www.irs.gov/individuals/understanding-your-letter-5938

Related tools

TaxRiskOS is workflow software for practitioners — it captures the notice, computes the deadline, surfaces the escalation tier, and builds a document checklist. It documents process; it does not give advice or draft responses.